The County of Santa Clara
California

Report
94856

Receive updated Surveillance Technology Use Policies for various departments' existing surveillance technologies and provide direction to Administration relating to submission of the updated policies to the Board of Supervisors for receipt and/or approval. (Office of the County Executive)

Information

Department:Office of the County ExecutiveSponsors:
Category:ReportProjects:Surveillance Technology

Attachments

  1. Printout
  2. Office of the District Attorney - Global Positioning System Trackers Surveillance Use Policy (January 2019)
  3. Office of the District Attorney - Global Positioning System Trackers Surveillance Use Policy (Redlined Since November 29, 2018 FGOC)
  4. Office of the District Attorney - Night Vision Binoculars Surveillance Use Policy (January 2019)
  5. Office of the District Attorney - Night Vision Binoculars Surveillance Use Policy (Redlined Since November 29, 2018 FGOC)
  6. Office of the District Attorney - Third-Party Surveillance Technology Surveillance Use Policy (January 2019)
  7. Office of the District Attorney - Third-Party Surveillance Technology Surveillance Use Policy (Redlined Since November 29, 2018 FGOC)
  8. Office of the Sheriff Custody Bureau - Portable Digital Audio Recorders Surveillance Use Policy (January 2019)
  9. Office of the Sheriff Custody Bureau - Portable Digital Audio Recorders Surveillance Use Policy (Redlined Since November 29, 2018 FGOC)
  10. SCVHHS - Baby Match Technology Used at Santa Clara Valley Medical Center Surveillance Use Policy (November 2018)
  11. SCVHHS - Baby Match Technology Used at Santa Clara Valley Medical Center Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  12. SCVHHS - Badge and Biometric Readers Surveillance Use Policy (November 2018)
  13. SCVHHS - Badge and Biometric Readers Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  14. SCVHHS - FairWarning Electronic Health Record Privacy Monitoring System Surveillance Use Policy (November 2018)
  15. SCVHHS - FairWarning Electronic Health Record Privacy Monitoring System Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  16. SCVHHS - Mobile Audio and Visual Recording Devices Surveillance Use Policy (November 2018)
  17. SCVHHS - Mobile Audio and Visual Recording Devices Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  18. SCVHHS - NicView Camera Technology Used at Santa Clara Valley Medical Center Surveillance Use Policy (November 2018)
  19. SCVHHS - NicView Camera Technology Used at Santa Clara Valley Medical Center Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  20. SCVHHS - Professional Research Consultants Communication Technology Surveillance Use Policy (November 2018)
  21. SCVHHS - Security Cameras Used at SCVHHS Facilities Surveillance Use Policy (November 2018)
  22. SCVHHS - Security Cameras Used at SCVHHS Facilities Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  23. SCVHHS - Telephonic and Voice Recording Equipment Surveillance Use Policy (November 2018)
  24. SCVHHS - Vocera Communication Technology Surveillance Use Policy (November 2018)
  25. SCVHHS - Vocera Communication Technology Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  26. SCVHHS Emergency Medical Services Agency - Mobile Area Routing and Vehicle Location Information System Surveillance Use Policy (November 2018)
  27. SCVHHS Emergency Medical Services Agency - Mobile Area Routing and Vehicle Location Information System Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)

Multiple Recommendations

a. Office of the District Attorney - Global Positioning System Trackers
b. Office of the District Attorney - Night Vision Binoculars
c. Office of the District Attorney - Third-Party Surveillance Technology
d. Office of the Sheriff Custody Bureau - Portable Digital Audio Recorders
e. Santa Clara Valley Health and Hospital System - Baby Match Technology Used at Santa Clara Valley Medical Center
f. Santa Clara Valley Health and Hospital System - Badge and Biometric Readers
g. Santa Clara Valley Health and Hospital System - FairWarning Electronic Health Record Privacy Monitoring System
h. Santa Clara Valley Health and Hospital System - Mobile Audio and Visual Recording Devices
i. Santa Clara Valley Health and Hospital System - NicView Camera Technology Used at Santa Clara Valley Medical Center
j. Santa Clara Valley Health and Hospital System - Professional Research Consultants Communication Technology
k. Santa Clara Valley Health and Hospital System - Security Cameras Used at Santa Clara Valley Health and Hospital System Facilities
l. Santa Clara Valley Health and Hospital System - Telephonic and Voice Recording Equipment
m. Santa Clara Valley Health and Hospital System - Vocera Communication Technology
n. Santa Clara Valley Health and Hospital System Emergency Medical Services Agency - Mobile Area Routing and Vehicle Location Information System

Body

FISCAL IMPLICATIONS

There are no fiscal implications associated with the Committee’s receipt of Surveillance Technology Use Policies.

REASONS FOR RECOMMENDATION

On June 21, 2016 (Item No. 180), the Board of Supervisors (“Board”) unanimously approved final adoption of the Surveillance-Technology and Community-Safety Ordinance, which became effective July 21, 2016.  County departments prepared draft Surveillance-Technology Use Policies for existing technology (“Policies”) and preliminarily submitted those draft Policies to the Board of Supervisors in 2017At the request of the Finance and Government Operations Committee (“FGOC”), departments have worked with the Chief Privacy Officer and the Office of the County Counsel to revise and clarify the draft Policies.

The following 14 draft Policies are under consideration as part of this report.  Prior to submission to FGOC, draft Policies are reviewed by the Chief Privacy Officer, and are approved by the Office of the County Counsel as to form and legality.  Following approval by the Office of the County Counsel, proposed Policies are also posted for public access and consideration on https://www.sccgov.org/sites/ceo/srtup/Pages/home.aspx.

·        Office of the District Attorney - Global Positioning System Trackers

·        Office of the District Attorney - Night Vision Binoculars

·        Office of the District Attorney - Third-Party Surveillance Technology

·        Office of the Sheriff Custody Bureau - Portable Digital Audio Recorders

·        Santa Clara Valley Health and Hospital System - Baby Match Technology Used at Santa Clara Valley Medical Center

·        Santa Clara Valley Health and Hospital System - Badge and Biometric Readers

·        Santa Clara Valley Health and Hospital System - FairWarning Electronic Health Record Privacy Monitoring System

·        Santa Clara Valley Health and Hospital System - Mobile Audio and Visual Recording Devices

·        Santa Clara Valley Health and Hospital System - NicView Camera Technology Used at Santa Clara Valley Medical Center

·        Santa Clara Valley Health and Hospital System - Professional Research Consultants Communication Technology

·        Santa Clara Valley Health and Hospital System - Security Cameras Used as Santa Clara Valley Health and Hospital System Facilities

·        Santa Clara Valley Health and Hospital System - Telephonic and Voice Recording Equipment

·        Santa Clara Valley Health and Hospital System - Vocera Communication Technology

·        Santa Clara Valley Health and Hospital System Emergency Medical Services Agency - Mobile Area Routing and Vehicle Location Information System

 

Since the impact of adopting these Policies may be subject to the meet and confer process with County labor organizations, the Labor Relations Department will provide notice of the updated draft Policies to the labor organizations, and, when requested, will meet with individual labor organizations over the potential impact of the Policies. Thereafter, Policies will be presented to the Board of Supervisors for consideration.

CHILD IMPACT

The recommended action will provide parents, caregivers, and youth with information about surveillance technologies that may be used by the County.

SENIOR IMPACT

The recommended action will provide seniors and/or those who care for seniors with information about surveillance technologies that may be used by the County.

SUSTAINABILITY IMPLICATIONS

The recommended action will have no/neutral sustainability implications.

BACKGROUND

On June 21, 2016 (Item No. 180), the Board unanimously approved final adoption of the Surveillance-Technology and Community-Safety Ordinance, which became effective July 21, 2016.  County departments with existing surveillance technology as of July 21, 2016, drafted a Policy for each technology.  Consistent with the Ordinance, each draft Policy is required to specify the purpose, authorized and prohibited uses, information/data that can be collected, data access, data protection, data retention, public access, third-party data sharing, training, and oversight mechanisms. 

The Board received the draft Policies at its January 10, 2017 (Item No. 21) and April 11, 2017 (Item No. 22) meetings.  One additional draft Policy for existing technology was submitted to the Board on May 9, 2017 (Item No. 16). Following preliminary submission to the Board, the Labor Relations Department provided notice of the proposed departmental Policies to the labor organizations, and, when requested, conducted meet and confers with individual labor organizations over the potential impact of the Policies.

At the August 10, 2017 (Item No. 5) FGOC meeting, Administration submitted a status report on the Policies, including the status of meetings with labor organizations.  FGOC requested that Administration submit the completed policies to FGOC in order to provide a forum for public and Committee discussion, prior to submittal to the Board of Supervisors.

Seventeen proposed Policies were submitted to the September 14, 2017 (Item No. 7) FGOC meeting.  FGOC requested that Administration and County Counsel work with departments to clarify and revise those and other draft Policies prior to further FGOC discussion. 

From May 2018 to the present, Administration has returned to FGOC with four groups of revised and clarified proposed Policies for the Committee’s consideration and public vetting and discussion, before submitting those proposed Policies to the Board as recommended by FGOC or as revised following FGOC input. 

Specifically, at the May 10 (Item No. 8), May 24 (Item No. 5), and June 14, 2018 (Item No. 5) FGOC meetings, the first group of seventeen Policies, all from the Sheriff’s Office, were agendized for FGOC discussion.  Most of those Policies were forwarded to the Board for consideration in August 2018.

At the June 14 (Item No. 6), August 23 (Item No. 7), September 13 (Item No. 6), and September 27, 2018 (Item No. 5) FGOC meetings, the second group of 18 additional Policies were agendized for FGOC consideration and discussion.  Those 18 policies related to Countywide technology and technology used by the Facilities and Fleet Department, Clerk of the Board of Supervisors, Department of Child Support Services, Consumer and Environmental Protection Agency, County Communications, Department of Parks and Recreation, Department of Planning and Development, Finance Agency, and Technology Services and Solutions.  All of those were forwarded to the Board for consideration in October 2018.

At the August 23 (Item No. 8) and October 11, 2018 (Item No. 5) FGOC meetings, the third group of 22 additional Policies were agendized for FGOC consideration and discussion relating to technology used by the Office of the Assessor, Office of the County Counsel, Office of the County Executive, Procurement Department, Registrar of Voters, Office of Pretrial Services, Office of the Medical Examiner-Coroner, Office of the Public Defender, Probation Department, Roads and Airports Department, and Social Services Agency.  FGOC directed that eleven of the policies return to FGOC with additional edits for consideration.  For the other eleven policies, FGOC recommended moving the policies forward to the Board for consideration, following review of two items in each policy by the Chief Privacy Officer and the Office of the County Counsel.

At the November 8, 2018 (Item No. 6), November 29, 2018 (Item No. 4), and this January 17, 2019 FGOC meeting, the fourth group of additional Policies have been agendized for FGOC consideration and discussion.  At the November 29, 2018 meeting, FGOC made a favorable recommendation to move nine of the 23 policies forward to the Board of Supervisors, following a clarification to one policy.  FGOC requested that the remaining 14 policies return to FGOC for further consideration.  Of the 14 policies, FGOC requested clarification edits to three Office of the District Attorney policies and Office of the Sheriff Custody Bureau policy.  The Office of the County Counsel has worked with the two departments on the clarifications; updated versions of those four policies are attached for the Committees review.

Administration and County Counsel anticipate submitting updated draft Policies from County departments to Board meetings through February or March 2019. 

CONSEQUENCES OF NEGATIVE ACTION

The Committee would not receive the proposed Surveillance Technology Use Policies for discussion.

 

Meeting History

Jan 17, 2019 2:00 PM Video Finance and Government Operations Committee Regular Meeting

Added to the Consent Calendar at the request of Chairperson Cortese.

RESULT:RECEIVED